Terms and Conditions

Please read these Terms and Conditions carefully, prior to using our online Consulting Firm at https://www.brainsoverbodyconsulting.com, operated by Brains Over Body Consulting Digital and Information Publishing Firm.

This online Consulting Firm is considered suitable for all audiences. You must be at least the age of 13, have Parental Consent, or financial authority/permissions to make purchases from THE BOB SHOP. By using this online Consulting Firm and by agreeing to these Terms and Conditions, you warrant and represent that you are indeed, at least the age of 13, with Parental Consent, or financial permissions when making purchases from THE BOB SHOP.

Your access to and use of this online Consulting Firm and THE BOB SHOP is conditioned upon your acceptance of and compliance with our Terms. These Terms apply to any and all visitors, users, subscribers, and all others who access or utilize this online Firm or our Shop.

These Terms and Conditions govern your use of this online Consulting Firm and THE BOB SHOP. By using this online Firm and THE BOB SHOP, you do accept these Terms and Conditions in full.

By accessing or using this online Firm, you do agree to be bound by these Terms and Conditions. Should you disagree with these Terms or any portion of these Terms, you must not access this online Firm or THE BOB SHOP and are kindly being exited right, at this time.

This online Consulting Firm uses cookies. By using this site and agreeing to these Terms, you do consent to Brains Over Body Consulting Firm’s use of cookies in accordance with the Terms of Brains Over Body Consulting Firm’s Privacy and Cookies Policy.

1. AGREEMENT TO TERMS

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Brains Over Body Consulting Digital and Information Publishing Firm or THE BOB SHOP (“online Firm,” “online Consulting Firm,” “THE BOB SHOP,” “this,” “we,” “us,” or “our”), concerning your access to and use of the Brains Over Body Consulting Firm as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, this “online Firm” or “online Consulting Firm“). You agree that by accessing this online Consulting Firm, you have read, understood, and agreed to be bound by all of these Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THIS ONLINE CONSULTING FIRM AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on this online Consulting Firm from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changed or modification to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our online Consulting Firm so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of this online Consulting Firm after the date such revised Terms & Conditions are posted.

The information provided within this online Consulting Firm is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access this online Consulting Firm from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, this online Consulting Firm is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in this online Consulting Firm (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided in this online Consulting Firm “AS IS” for your information and personal use only. Except as expressly provided in these Terms & Conditions, no part of this online Consulting Firm and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use this online Consulting Firm, you are granted a limited license to access and use this online Consulting Firm for reading, learning, and other areas to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to this online Consulting Firm, the Content and the Marks.

3. USER REPRESENTATIONS

By using this online Consulting Firm, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms & Conditions; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access this online Consulting Firm through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use this online Consulting Firm for any illegal or unauthorized purpose; and (5) your use of this online Consulting Firm will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of this online Consulting Firm (or any portion thereof).

4. PROHIBITED ACTIVITIES

Unless otherwise stated, Brains Over Body Consulting and/or its licensors own the intellectual property rights to this online Consulting Firm and all material in this online Consulting Firm. Subject to the license below, all intellectual property rights are reserved.

You may view displayed, free content on Brains Over Body Consulting Firm and within its Shop (The BOB Shop). You may download in certain instances for paid content or caching purposes ONLY, subject to the restrictions set forth below and/or elsewhere in these Terms.

YOU MUST NOT:

i. Republish any material from this online Consulting Firm (including republication on another website)

ii. Sell, rent, or sub-license any material found in or from this online Consulting Firm

iii. Reproduce, duplicate, copy, or otherwise exploit any material in this online Consulting Firm for commercial purpose

iv. Edit, attempt to edit, or otherwise modify any material in this online Consulting Firm

v. Redistribute any of the material found in this online Consulting Firm (except for content specifically and expressly made readily available for redistribution)

Acceptable Use

You May Not use this online Consulting Firm in any way that causes, or is susceptible to causing damage to this online Consulting Firm or any impairment of its availability or accessibility; in any way which is unlawful, illegal, harmful, or fraudulent, or in connection with any unlawful, illegal, harmful, or fraudulent purpose and/or activity.

You May Not use Brains Over Body Consulting Firm to copy, store, host, transmit, send, use, publish, offer, or distribute any material or links that consist of—or is linked to—any spyware, computer virus, Trojan Horse, worm, keystroke logger, rootkit, or any other malicious or possibly malicious computer software.

You May Not conduct any systematic or automated data collection services, programs, or activities—including, but not limited to—scraping, data mining, data extraction, and/or data harvesting, on or in relation to Brains Over Body Consulting Firm.

You May Not utilize Brains Over Body Consulting Firm for the transmission of sending or receiving any unsolicited personal or commercial communications.

You May Not utilize Brains Over Body Consulting Firm for any purposes related to any personal or commercial marketing.

Specific areas of Brains Over Body Consulting Firm may be RESTRICTED. Brains Over Body Consulting Firm reserves the right to RESTRICT access to other locations of its this online Consulting Firm, or the entire Consulting Firm at Brains Over Body Consulting’s discretion.

You May Not access or use this online Consulting Firm for any purpose other than that for which we make this online Consulting Firm available. This online Consulting Firm may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of this online Consulting Firm, you agree not to:

Systematically retrieve data or other content from this online Consulting Firm to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of this online Consulting Firm, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of this online Consulting Firm and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or this online Consulting Firm.
Use any information obtained from this online Consulting Firm in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use this online Consulting Firm in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to this online Consulting Firm.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of this online Consulting Firm or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of this Consulting Firm.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on this online Consulting Firm or the networks or services connected to this online Consulting Firm.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of this online Consulting Firm or THE BOB SHOP to you.
Attempt to bypass any measures of this online Consulting Firm designed to prevent or restrict access to this online Consulting Firm, or any portion of this online Consulting Firm.
Copy or adapt this online Consulting Firm’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of this online Consulting Firm.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses this online Consulting Firm, or using or launching any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on this online Consulting Firm.
Make any unauthorized use of this online Consulting Firm, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use this online Consulting Firm as part of any effort to compete with us or otherwise use this Consulting Firm and/or the Content for any revenue-generating endeavor or commercial enterprise.

5. USER GENERATED CONTRIBUTIONS

This online Consulting Firm does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in this online Firm, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of this online Firm and through third-party websites. As such, any Contributions you transmit may be treated in accordance with this online Firm’s Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, this online Consulting Firm, and other users of this online Firm to use your Contributions in any manner contemplated by this online Firm and these Terms and Conditions.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by this online Firm and these Terms and Conditions.
Your contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class or people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate any privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.

Any use of this online Firm in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use this online Firm.

6. CONTRIBUTION LICENSE

You and this online Firm agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding this online Firm, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area within this online Firm. You are solely responsible for your Contributions to the online Firm and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

7. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the online Firm (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

If Brains Over Body Consulting should provide you with a User ID and/or Password to enable your access to RESTRICTED areas of this online Firm, other content or services, it is your sole responsibility to ensure that your User ID and Password remain confidential.

Brains Over Body Consulting Firm may update, reset, or disable your User ID and/or Password at Brains Over Body Consulting Firm’s sole discretion, without any notice or explanation.

Within these Terms and Conditions, your “user content” refers to any materials—including, but not limited to—text, images, audio, video, and/or audio-visual materials that you submit to this online Firm for whatever purpose.

You do grant to Brains Over Body Consulting Firm: worldwide, irrevocable, non-exclusive, royalty-free licensure to use, reproduce, adapt, publish, translate, and distribute your user content in an ethical manner, in any existing or future media. You also do grant to Brains Over Body Consulting Firm: the right to sub-license these rights and the right to bring action for infringement of these rights.

Your user content must not be inappropriate, illegal or unlawful; must not infringe upon any third party’s legal rights; and must not be capable of involving or giving rise to legal action against you, Brains Over Body Consulting Firm, or any third party in either case, under any applicable law.

You must not submit any user content to this online Firm that is, has ever been, or is capable of being the subject of any threatened or actual legal proceedings or other similar complaint.

Brains Over Body Consulting Firm reserves the right to edit or remove any material submitted to this online Firm, stored on Brains Over Body Consulting Firm servers, hosted or published within this online Firm.

Notwithstanding Brains Over Body Consulting Firm’s rights under these Terms and Conditions, in relation to user content, Brains Over Body Consulting Firm does not undertake to monitor the submissions of such content to, or the publication of such content in this online Firm.

This online Firm is provided “as is,” without any representations or warranties, expressed or implied. Brains Over Body Consulting Firm makes no representations or warranties in relations to this online Firm or the information and materials provided throughout this online Firm.

Without prejudice to the generality of the aforementioned statements, Brains Over Body Consulting does not warrant that this online Firm will be constantly available or available at all.

8. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the online Firm for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the online Firm or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the online Firm in a manner designed to protect our rights and property and to facilitate the proper functioning of the online Firm.

Links to Other Websites

Our online Consulting Firm may contain links to third-party websites or services that are not owned or controlled by Brains Over Body Consulting Firm.

Brains Over Body Consulting Firm has no control over, and assumes no responsibility for, the content, privacy notices or practices of any third-party website or its services. You further acknowledge and agree that Brains Over Body Consulting Firm shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

9. TERM AND TERMINATION

These Terms and Conditions shall remain in full force and effect while you use this online Consulting Firm. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE ONLINE FIRM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE ONLINE FIRM OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOME DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

10. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the online Firm at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information in our online Firm. We also reserve the right to modify or discontinue all or part of the online Consulting Firm without notice at any time. We will not be liable to your or any third party for any modification, price change, suspension, or discontinuance of the online Firm.

We cannot guarantee our online Consulting Firm will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Firm, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify this online Firm at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use this online Firm during any downtime or discontinuance of the online Firm. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Firm or to supply any corrections, updates, or releases in connection therewith.

11. GOVERNING LAW

These Terms & Conditions shall be governed by and defined following the laws of ____________________________. ________________________________ and yourself irrevocably consent that the courts of ____________________ shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

12. DISPUTE RESOLUTION

Binding Arbitration

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrations shall be __________. The seat, or legal place, of arbitration shall be ____________________________________. The language of the proceedings shall be ___________________________. The governing law of the contract shall be the substantive law of __________________________________________.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

13. CORRECTIONS

There may be information in this online Consulting Firm that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information within this online Firm at any time, without prior notice.

14. DISCLAIMER

NOTHING on Brains Over Body Consulting Firm or within Brains Over Body Consulting Firm’s, THE BOB SHOP constitutes or is meant to constitute professional advice of any kind. Should you require professional advice, assistance as that of an emergency, or advice in relation to legal or financial matters, please exit this online Firm and consult the appropriate professional attention.

THIS ONLINE CONSULTING FIRM IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THIS ONLINE CONSULTING FIRM AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE ONLINE FIRM AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE ONLINE FIRM’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS ONLINE CONSULTING FIRM AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OR ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS ONLINE CONSULTING FIRM, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS ONLINE FIRM, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS ONLINE FIRM BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS ONLINE FIRM. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR ONLINE CONSULTING FIRM OR THE BOB SHOP, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

15. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THIS ONLINE CONSULTING FIRM OR THE BOB SHOP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR _________________. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

16. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of this Firm; (2) breach of these Terms and Conditions; (3) any breach of your representations and warranties set forth in these Terms and Conditions; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of this online Firm with whom you connected via this online Firm. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Brains Over Body Consulting Firm will not be liable to you—whether under the law of contact, law of torts, or otherwise—in relation to the contents, use of, or otherwise in connection with this online Firm:

i. To the extent that this online Firm is provided free-of-charge, for any direct loss

ii. For any indirect, special, or consequential loss

iii. For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, loss or uncontrollable corruption of information and/or data

Unenforceable Provisions

If any provision of this online Firm disclaimer is, or is found to be unenforceable under applicable law, that will not affect the enforce-ability of the other provisions of this online Firm’s Disclaimer.

You, hereby indemnify Brains Over Body Consulting Firm and undertake to keep Brains Over Body Consulting Firm indemnified against any losses, damages, costs, liabilities and/or expenses—including, but not limited to legal expenses and any amounts paid by Brains Over Body Consulting Firm to a third party in settlement of a claim or dispute on the advice of Brains Over Body Consulting’s Legal Advisors—incurred or suffered by Brains Over Body Consulting Firm arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of These Terms and Conditions

Without prejudice to Brains Over Body Consulting’s other rights under these Terms and Conditions, if you breach these terms and conditions in any way, Brains Over Body Consulting may take such action as Brains Over Body Consulting deems appropriate to deal with the breach, including suspending your access to the entire online Firm; prohibiting you from accessing the entire online Firm and any of its special, downloadable content; blocking computers using your IP address from accessing the Firm; contacting your internet service provider to request that they block your access to the Firm and/or bringing court proceedings against you.

Variation

Brains Over Body Consulting may revise these Terms and Conditions as necessary, at any given time. Revised Terms and Conditions will apply to the use of this Consulting Firm from the date of the publication of the revised Terms and Conditions in this Consulting Firm. Please check this page regularly to ensure your familiarity with the current version.

Assignment

Brains Over Body Consulting Firm may transfer, sub-contract or otherwise deal with Brains Over Body Consulting Firm’s rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms and Conditions.

Severability

If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

These Terms and Conditions, together with our Privacy Policy, Cookie Policy, and any additional Disclaimers, constitute the entire agreement between you and Brains Over Body Consulting Firm, in relation to your use of this online Firm, and supersede all previous agreements in respect of your use of this Firm.

17. USER DATA

We will maintain certain data that you transmit to this Consulting Firm for the purpose of managing the performance of the Firm, as well as data relating to your use of the Firm. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Firm. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

18. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting this online Consulting Firm or THE BOB SHOP, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and in this online Firm, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THIS ONLINE FIRM. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

19. MISCELLANEOUS

These Terms and Conditions and any policies or operating rules posted by us in the online Firm or in respect to the online Firm constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms & Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is not joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of this online Firm. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

20. CONTACT US

In order to resolve a complaint regarding this online Firm or The BOB Shop, or to receive further information regarding use of the Firm or The BOB Shop in the timeliest manner, please contact us by:

Submitting an Authorized Ticket Request (ATR) through the pop-out button located on our Homepage to your right